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Evidentiary Standards Appellate Courts Litigation Strategies

Brownstein Hyatt Farber Schreck

SLAPP Fight in Colorado: Plaintiffs Face Dueling Evidentiary Standards

An emerging split in the Colorado Court of Appeals may force the Colorado Supreme Court to revisit the state’s anti-SLAPP statute—soon after finally weighing in on the statute’s first prong as a novel question in Lind-Barnett...more

Constangy, Brooks, Smith & Prophete, LLP

The erosion of McDonnell Douglas: What employers should know

For decades, courts have relied on the McDonnell Douglas burden-shifting framework as the primary method for evaluating employment discrimination claims based on circumstantial evidence. As I discussed earlier this year,...more

Clark Hill PLC

New Third Circuit precedent confirms government employers should be on the offense to play the best defense in First Amendment...

Clark Hill PLC on

The Third Circuit in Jorjani v. NJIT, et al., just issued a precedential opinion last week on private professor speech that further refines what evidence is needed to show disruption....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential...more

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